Opinion
No. 06-07-00028-CV
April 10, 2007.
April 11, 2007.
On Appeal from the 71st Judicial District Court Harrison County, Texas, Trial Court No. 03-0328.
Before MORRISS, C.J., CARTER and MOSELEY, JJ.
MEMORANDUM OPINION
Prince Brown has filed an appeal from an order forfeiting a number of items, and also forfeiting $1,757.05 in cash. The judgment was signed July 6, 2006. In order to be timely filed, the notice of appeal was due no later than August 7, 2006. See Tex. R. App. P. 26.1. Brown filed his notice of appeal January 19, 2007.
Brown has filed a motion with this Court stating that he did not receive notice of the judgment until January 2007, and seeking to restart the appellate timetables based on that late notice. Rule 306a(4) of the Texas Rules of Civil Procedure triggers a new beginning date for subsequent activity in a case when a defendant receives notice of the judgment between the twentieth and the ninetieth day after judgment was actually entered. See Tex. R. Civ. P. 306a(4). If the party does not receive notice or acquire actual knowledge of the judgment within twenty days of the date the judgment is signed, Rule 306a(4) provides that the thirty-day period for filing a notice of appeal shall begin to run on the date the party actually acquires notice or actual knowledge of the judgment, but in no event can the thirty-day period begin after more than ninety days have passed since the judgment was signed. See Levit v. Adams, 850 S.W.2d 469, 469-70 (Tex. 1993); Ward v. Parham, 198 S.W.3d 861, 863 (Tex.App.-Texarkana 2006, no pet.).
In this case, the date alleged by Brown is several months after the expiration of the ninetieth day, and under no combination of circumstances could the rule be utilized to extend the appellate timetable to make his notice of appeal timely.
In the absence of a timely-filed notice of appeal, we have no jurisdiction.
We dismiss the appeal.